Logan v. State
Supreme Court of Alabama
Assault and Battery. Appeal from Hale Í bounty Court. Heard before Hon. W. G. Christian , George Logan was convicted of assault and battery with a Aveapou, and lie appeals.
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Assault and Battery. Appeal from Hale Í bounty Court. Heard before Hon. W. G. Christian , George Logan was convicted of assault and battery with a Aveapou, and lie appeals. Exception was reserved to tbe following part of the oral charge of the court: “If you believe from the evidence in this case beyond a reasonable doubt that the defendant did, in T-Iale county, Alabama, and within 12 months before the finding of the indictment, assault and beat Jack Green, using at the time a gun, you must convict the defendant; but unless you believe this beyond a reasonable doubt you must acquit the…
1Opinion of the CourtSimpson, J.
The appellant was convicted of an assault and battery with a weapon, and fined $1. The testimony of the defendant (which was in conflict with that of the witness for the state) was that he found the party assaulted in a compromising position with his wife, and as said party ran away the defendant shot at him; some of the shot taking effect, but not inflicting a serious wound.
The principal contention of the defendant, raised by certain charges requested, is that the fact that the defendant shot immediately after finding the party assaulted in the compromising position with his wife was…
2Cases cited2 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- Outler v. StateSupreme Court of Alabama · 1906
3Cited by7 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1977
- Sheppard v. StateSupreme Court of Alabama · 1942
- Cook v. StateAlabama Court of Appeals · 1912
- Peagler v. StateSupreme Court of Alabama · 1922
- Hamm v. StateCourt of Criminal Appeals of Alabama · 1975
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